At Berman & Riedel, LLP, we are deeply committed to protecting the dignity and well-being of the San Diego Elderly. Our Elder Abuse Resources provides a personal, compassionate, and professional approach to identifying, preventing, and addressing elder abuse. With our expert legal team by your side, you have access to essential information, and advice ensure every senior is treated with the respect and care they deserve. Trust Berman & Riedel, LLP to be your reliable legal partner in creating a safer, more supportive environment for our elders.
For seniors over the age of 65 in California, abuse and neglect are serious and highly prevalent issues. It's estimated that one in six seniors is the victim of abuse, and many of those suffer from multiple types of abuse simultaneously. As a relative, friend, or provider for a senior, it's your responsibility to ensure they are adequately cared for in a safe and loving environment.
So what do you do about known or suspected abuse? This guide will cover everything you need to know about reporting elder abuse in California, including how to recognize it and where to report elder abuse.
You'll also learn if you are a mandated reporter, state law surrounding both elder and dependent adult abuse and failure to report, and how to seek help from a California elder abuse lawyer.
California has a litany of laws regarding elder abuse, ranging from financial exploitation to sexual abuse. Generally, elder abuse is defined as any abusive act, be it mental, physical, or financial, which causes suffering to a senior victim. Elder abuse is usually perpetrated by a “caretaker,” be it a family member, unlicensed or licensed staff in a nursing home, or a health practitioner.
Psychological or emotional abuse: This includes victim-blaming, demeaning, terrifying, intimidating, and threatening, among other behaviors. Mental and emotional abuse is one of the most commonly reported types of elder mistreatment.
Physical abuse: This includes over-medicating, striking, kicking, pushing, hitting, scratching, and other forms of physical harm. According to the World Health Organization, physical abuse accounts for approximately 16.5% of reported senior abuse.
Sexual abuse: This form of abuse includes sexual exploitation, unwanted sexual contact, rape, and other types of offenses. Sexual assault is frightening and underreported. Reports indicate that sexual abuse in nursing homes is a rampant problem.
Financial abuse: This refers to embezzling or taking funds from a person over 60, without their express consent, or other forms of financial exploitation. The U.S. Department of Justice lists financial fraud as the most prevalent type of elder abuse.
Abandonment: This is the desertion of a dependent adult or senior by the caretaker.
Isolation: This refers to confining a senior to the home, preventing them from contacting friends or family, or otherwise keeping them alone.
Neglect: This can include failure to provide proper food, water, attire, and/or medications, or failure to maintain appropriate hygiene for a dependent adult. Neglect can result in dehydration, infection, bed sores, falls, and other types of serious injury. Neglect may be intentional, the result of caregiver burnout due to a lack of resources, or self-neglect by older adults. Understaffing in nursing homes is a common cause of neglect.
If you’re concerned someone you know has experienced elder abuse, it's important to know what to look for. Call us for guidance on the next steps to take after reporting elder abuse to the proper authorities.
Warning Signs of Elder Abuse
One reason that elder abuse in California is only reported for one out of every 14 cases is that many people don't understand how to recognize senior mistreatment. To help you understand what constitutes elder abuse and how to recognize what's happening, here are some possible warning signs of elder abuse to watch for:
Malnourishment or dehydration
Lack of hygiene
Seen or suspected injury
Unexplained weight loss
Agitation, anger, anxiety, or fear
Unwillingness to talk about care or the caretaker
Nonresponsive
Making unreasonable excuses for their situation
Social isolation or the inability to get in contact with the senior
Conflicting accounts of events from the caretaker and the victim
The caretaker speaks “for” the senior when it is not necessary
The caretaker has an indifferent or angry attitude towards the elder
For financial abuse specifically, indicators include adding a name to the elderly person's bank account, frequent withdrawals, checks made out to CASH, and frequent withdrawals by the caretaker without a previous compensation agreement.
Signs of abuse in seniors with dementia can be particularly challenging to recognize. You may notice evidence of physical restraint, like marks around the wrists, unexplained bruises or injuries, or a sudden change in behavior, particularly around caregivers or staff. If your loved one is in a nursing home and unable to speak for themselves, installing a nursing home camera in the resident's room may be an option.
How to Report Elder Abuse in California
Reporting elderly abuse in California can be confusing, with many agencies accepting abuse and neglect reports. The correct agency or department depends on where the senior or dependent adult lives (community, public, or private facility) and sometimes the type of abuse.
Here is an overview of the appropriate community agencies you should contact.
California Adult Protective Services (APS): Investigates abuse of an elderly person or dependent adult in a private home, apartment, hotel, or acute or inpatient hospital in California.
California Long-Term Care Ombudsman: Handles reports of abuse in nursing homes, adult residential facilities, adult day programs, and day health centers.
Attorney General's Bureau of Medi-Cal Fraud & Elder Abuse: Investigates and prosecutes elder abuse and Medi-Cal fraud committed by care facility employees, Medi-Cal providers, and operators of hospitals, residential care facilities, and skilled nursing homes.
Other agencies allow you to file a complaint against a facility for neglect or elder abuse in California.
The California Department of Social Services accepts complaints against licensed facilities, including adult day programs and Residential Care Facilities for the Elderly (RCFEs).
The California Department of Public Health (CDPH) accepts complaints against licensed skilled nursing facilities (SNFs), intermediate care facilities, adult day health centers, rehab centers, and acute care hospitals.
How to report unsafe living conditions of elderly persons: First, consider where they live. If they live in the community, contact Adult Protective Services. If they live in a long-term care facility, abuse can be reported to the long-term care ombudsman and either CHPH or CDSS, depending on the type of facility.
Reports of abuse can be cross-reported to licensing boards, government agencies, and law enforcement to ensure action is taken.
What to Do in a Safety or Medical Emergency
If you suspect elder abuse and believe the victim is in immediate danger, the first and most important thing to do is call 911. Law enforcement and first responders will be able to quickly assess the situation and provide medical care to victims in need.
You can also report criminal behavior or neglect to your local law enforcement agency for a fast response. Police can perform a wellness check on an older or disabled adult and take action if necessary.
Reporting Elder Abuse in California to Adult Protective Services (APS) for Seniors in the Community
Adult Protective Services is a state and county-funded program designed to help seniors and dependent adults who are “unable to meet their own needs.”
Your county adult protective services department investigates cases of alleged abuse and cross-reports abuse to law enforcement, licensing boards, and other pertinent government agencies.
What does Adult Protective Services do? The older adult's individual needs will be assessed to develop a service plan. This may include removing the adult from their living situation and assisting with admittance to a facility or involving other agencies to protect an older adult from an abusive environment or caregiver.
When to call Adult Protective Services: Call APS if you have reasonable suspicion or knowledge that neglect or abuse is occurring. You do not need proof of abuse; APS will conduct its own investigation.
How to contact APS and report abuse: Call the APS elder abuse hotline at 1-833-401-0832. When prompted, enter your zip code to be connected to your county APS 24 hours per day.
You should also print and fill out an elder abuse report and mail it to your local APS office.
How to Report Elder Abuse in a Nursing Home or Assisted Living Facility
Abuse that occurs in a licensed facility should be reported to the correct department.
The Department of Social Services investigates complaints and allegations of abuse and neglect in residential care facilities for the elderly (RCFEs) like assisted living facilities, continuing care retirement communities (CCRCs), and adult day programs. Call 844-LET-US-NO (844-538-8766) or report elder abuse online through the Community Care Licensing Division (CCLD).
The Department of Public Health investigates complaints and abuse in skilled nursing facilities or nursing homes, rehabilitation centers, adult day health centers, and intermediate care facilities. You can submit a complaint online.
The Office of the State Long-Term Care Ombudsman (OSLTCO) is a government agency that holds jurisdiction over investigations of elder abuse in California in long-term care facilities, nursing homes, day programs, assisted living facilities, and other care institutions.
A long-term care ombudsman represents families and nursing home residents to investigate and resolve complaints quickly. Your ombudsman can help you understand your legal rights and reach a resolution with services provided free of charge.
Below are resources to contact your local ombudsman. The CRISISline number takes calls and refers complaints it receives from long-term care residents.
Another way to report elder abuse in California is by calling a 24-hour hotline. There are several senior abuse hotlines, depending on where the senior lives or the suspected type of abuse.
APS hotline (dependent adults and adults 60 and older living in the community): 1-833-401-0832
Medi-Cal provider fraud and elder abuse hotline: 1-800-722-0432
Report Suspected Elder or Dependent Abuse to the Division of Medi-Cal Fraud & Elder Abuse (DMFEA)
The Attorney General's Office, Division of Medi-Cal Fraud and Elder Abuse (DMFEA) protects older adults, dependent adults, and children from medical fraud, financial abuse, and other forms of abuse and neglect that occur in long-term care facilities. The division has a criminal law unit to investigate and prosecute crimes against elders and dependent adults and a civil law unit to go after fraud by Medi-Cal providers.
Their Facilities Enforcement Team investigates and prosecutes the owners and operators of nursing homes, assisted living facilities, and hospitals for adopting or promoting practices that lead to poor care quality, neglect, or abuse.
Report elder abuse online using this complaint form or call the hotline at 800-722-0432 if you suspect abuse or Medi-Cal fraud.
California Elderly Abuse Laws & Requirements for Reporting Abuse
California takes elder abuse reports very seriously, with many laws designed to protect vulnerable older adults and dependent adults.
All older adults have the right to be free of abuse and neglect. Nursing home residents have specific rights under the California Nursing Home Resident's Bill of Rights. Residents and family members can file a civil lawsuit against the facility for violations of a resident's rights.
California Penal Code 368 also makes elder abuse a crime. This California elder abuse law imposes criminal penalties for elderly abuse.
In California, the penalty for physical or mental abuse “under circumstances or conditions likely to produce great bodily harm or death” is punishable with at least one year in county jail, plus a $6,000 fine, or up to four years in state prison. Significant injury or resultant death of the senior can increase the state prison penalty by up to seven years.
In the case of financial abuse of elder and dependent adults, the penalty is up to one year in county prison plus a $1,000 fine, or up to four years in state prison when the value of the fraud exceeds $950.
Who Is a California Mandated Reporter?
Elder abuse reporting in California is mandated for those in direct contact with an elder or those who care for them, including those who perform medical care, assist or handle finances, or otherwise care for an elder.
California law defines a mandated reporter for adults who are dependent on care as someone who has “full or intermittent responsibility” for the custody or care of an elder or dependent adult, “whether or not they receive compensation.”
Financial advisors or employees of financial institutions
Local law enforcement agency employees, including police officers
County Adult Protective Services workers
Clergy member
If you are a mandated reporter, you must report known or suspected abuse or neglect as soon as possible by phone. You must follow up with a written report within two days.
Penalties for Failure to Report Elderly Abuse
As long as an elder abuse report is given in good faith, with all details believed true by the reporter, there is no legal penalty if the report turns out to be misinformed. However, not reporting suspected abuse is a punishable offense. In California, failure to report can be either a misdemeanor or a felony.
For a misdemeanor failure to report, where the failure did not result in grave bodily harm or death, the penalty is up to six months in county jail and a fine of up to $1,000.
A felony failure to report occurs when the abuse resulted in the victim's death or great bodily injury. The punishment for this felony is up to one year in county jail and a fine of up to $5,000.
What to Do If You Suspect Elder Abuse & How to Protect Your Loved One
Before placing your loved one in a care facility or hiring in-home supportive services, do your research online to see if there have been cases of abuse or neglect against that institution. You can also call your local APS office to ask about existing or closed cases that are in the public domain. If a family member is the primary caretaker, and you have concerns, make sure to voice them to your family and present other options for eldercare.
If you suspect your relative, friend, or client is a victim, report the abuse immediately and ask for help removing them from their situation and finding a new care solution.
Anyone who suspects that an elderly resident is not receiving the care that he or she is entitled to can file a report with the California Department of Public Health against the offending nursing home. After you have filed the report with CDPH, you have many rights as a Complainant. Exercising these rights can ensure that your loved one receives the proper care.
California law requires that CDPH keep your identity, as well as the identity of any person named in the complaint, confidential and anonymous from the facility. CDPH is required by law to begin an onsite investigation of your complaint within ten working days after receiving the complaint, with the exception that DPH must begin its investigation within 24 hours if there is a threat of imminent danger, serious injury, or death.
Within two working days of filing your complaint of elder abuse in California, you must be notified of the name of the investigator assigned to your claim. You have the right to accompany the investigator to the facility during the investigation. CDPH must notify you in writing of its findings within 10 working days of the completion of its investigation.
If you are not satisfied with the findings of CDPH, you have the right to request an informal conference within five days of receipt of the findings. The conference with the DPH district manager or his/her representative will be scheduled within 30 days of your request, and you should be notified within 10 working days of the determination of CDPH.
If you are dissatisfied with the results of the informal conference, you have the right to appeal to the Deputy Director within 15 days of filing the informal conference. This is the final appeals process with CDPH, and though many CDPH investigations of nursing home complaints are completed to the satisfaction of the Complainant, this is not always the case, and you may need to seek other remedies.
FAQs - Reporting Elder Abuse in California
What Happens When You Report Elder Abuse?
After reporting elder abuse in California, an investigation will begin. An APS worker or other responder may contact you to get additional information about the incident. County APS programs must respond to reports within 10 days. Depending on the circumstances and the results of the initial investigation, additional agencies, such as a licensing agency, a long-term ombudsman, or local law enforcement, may be contacted to investigate further or take action.
The outcome of your report will depend on the type of intervention needed. An ombudsman may work with a facility and its staff to better meet a resident's needs, help family members use community resources, and/or help relocate the senior to another facility. Law enforcement may respond to arrest an abuse perpetrator committing elder abuse. Facilities may also be fined or face a wider investigation as a result of a report.
Can You Report Elder Abuse Anonymously?
You can report elderly abuse anonymously or confidentially. You may wish to make an anonymous report if you are afraid of retaliation or concerned about your job as a medical provider.
Mandated reporters are required to identify themselves on written reports. Their identity can remain confidential. If you are not a mandated reporter, you can choose to report elder abuse in California anonymously.
Even if you are not a mandated reporter, it's ideal to give your contact information to Adult Protective Services (APS) or your local law enforcement agency so they can follow up and make sure they have all relevant information.
What Are the Elder Abuse Reporting Requirements in California for Mandated Reporters?
In California, if you’re a mandated reporter and you see, are told of, or reasonably suspect elder or dependent-adult abuse, you must report it right away by phone (or via an approved online tool) and then submit a written/online report within two working days. Special, faster timelines apply when the abuse happened in a long-term care facility (LTC).
How Do You Report Elderly Financial Abuse in California?
Here's how to report elder financial abuse:
Adult Protective Services (APS): Investigates financial exploitation of elderly citizens (60+), dependent adults, and the mentally ill who are living in the community. Call 1-833-401-0832 to report your suspicions.
Department of Health Care Services (DHCS): Investigates financial abuse by In-Home Supportive Service (IHSS) providers. Call the IHSS fraud hotline at 1-888-717-8302
Attorney General's Bureau of Medi-Cal Fraud & Elder Abuse: Investigates reports of abuse by Medi-Cal providers and facility employees. Call the provider fraud and elder abuse hotline at 1-800-722-0432
For employees of financial institutions: Report financial abuse or exploitation to APS using this form
Schedule a Free Consultation With the California Elder Abuse Attorneys at Berman & Riedel, LLP
Are you seeking assistance with a civil case involving elder abuse of a loved one? The San Diego elder abuse attorneys at Berman & Riedel, LLP are here to help you. Call our law office today for a free case evaluation. We accept cases throughout California.
inter
5 Star Rated Injury Lawyers In California
Bringing our injured clients unparalleled success
Settlement Won
$4,250,000
Elder Neglect
Settlement Won
$2,000,000
Elder Neglect
Settlement Won
$9,100,000
Mild Traumatic Brain Injury
Settlement Won
$2,200,000
Elder Neglect
Settlement Won
$15,500,000
Serious Personal Injury
Trial verdict
$3,300,000
Automobile Accident
FREE CONSULTATION.
Speak Directly With A Partner Now.
Real Injuries. Real Testimonials
Watch What Our Clients Have To Say
Families across California share their experiences of how Berman & Riedel, LLP, fought for justice in cases of elder neglect, nursing home abuse, and personal injury.
Elder Neglect by Healthcare Corporation
Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide the support that the client needed.
Wrongful Death at a California Nursing Home
Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP, helped litigate the case with successful results.
Serious Injury at Skilled Nursing Facility
Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
Wrongful Death Legal Services
Ginny suffered a family loss, and Berman lawyers handled her legal needs with compassion and reassurance, allowing her to feel safe and at ease through the entire process.
If you suspect that a parent, grandparent, or another older loved one has been financially exploited, you're not alone, and you don't have to figure […]Read More
What is a demand for accounting letter? ⚖️ Learn how this legal tool can expose POA abuse in California, protect assets, and hold a dishonest agent legally accountable.Read More
⚖️ Discover how to contest a will in California: legal grounds, strict deadlines & standing to file. Call Berman & Riedel today before your filing deadline runs out.Read More
FAQ
Frequently Asked Questions
Below are answers to common questions people have about working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.
How Much Does It Cost to Hire an Elder Abuse Attorney?
The attorneys at Berman & Riedel, LLP, accept elder and nursing home cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.
You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.
What Should I Do if I Suspect a Loved One is the Victim of Elder Abuse?
The first step is to report the abuse to the appropriate authorities. Call 911 if the situation is life-threatening. Otherwise, it can be reported to the police and appropriate agencies. For abuse in the community or a hospital, call Adult Protective Services at 1-833-401-0832. For abuse in a nursing home or long-term care facility, contact your local long-term care ombudsman or call 1-888-452-8609.
The next step is contacting a California elder neglect lawyer to help you safeguard your loved one’s rights, investigate the abuse, and hold the facility accountable.
Can You Tell Me How Much My Case Is Worth?
There is no way to determine the exact value of an elder abuse or personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.
There are many factors that may influence the value of your case, such as:
Your total financial or economic damages
The severity of your injuries
The impact of your injuries on your daily life
The strength of your case
Whether you share fault for your accident
Insurance policy limits
Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs, however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate.
If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.
During your consultation and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.
Will My Case Go to Trial?
The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.
An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.
How Do I Know If I Need a Personal Injury Lawyer?
The more serious your injuries or the more complex your case, the more important it becomes to seek experienced legal counsel.
Legal representation is vital if your case involves a complex area of law, such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.
Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for an accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.
Do You Accept Cases Outside of San Diego?
While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.
FREE CONSULTATION.
Speak Directly With A Partner Now.
Bermen & Riedel Reviews
Honest Reviews from Customers Just Like You
Trusted By California To Handle Elder Abuse & Neglect, Serious Personal Injury, & Wrongful Death Litigation
The information on this website is for general information purposes only and does not create an attorney-client relationship. No information on this site should be taken as legal advice for any individual case or situation. Berman & Riedel, LLP at (858) 997-0678 if you would like to discuss your legal matter with a member of the firm.
